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2012 Supreme(Mad) 689

R.BANUMATHI, S.VIMALA
R. Krishnamurthy – Appellant
Versus
Vel Jayakumar – Respondent


Advocates Appeared:
For the Petitioner - AR.L.Sundaresan, Senior Counsel
for G.Arul Murugan, Advocate.
For the Respondents - C.Raghunatha Reddy, Advocate.

Judgment :-

S.VIMALA, J.

The unsuccessful plaintiff, for whom the relief of specific performance was denied by the trial court, is the appellant.

2. The plaintiff filed the suit for specific performance seeking direction to the defendants to execute the sale deed in favour of the plaintiff, pursuant to the sale agreement executed between the plaintiff and the deceased Velusamy. The legal representatives of the deceased Velusamy are the defendants. The first defendant is the son, second defendant is the wife and the third defendant is the daughter of the deceased Velusamy.

3. Brief facts of the case are as follows: The deceased Velusamy and the plaintiff entered into the sale agreement dated 8.8.2003, with regard to the suit property measuring an extent of 2.00 acresof land, each acre having been priced at Rs.34.50 lakhs. Towards payment of advance, Rs.1,00,000/- was paid by cash and Rs.9 lakhs was paid by way of cheque. Prior to the suit sale agreement dated 8.8.2003, the deceased had entered into a sale agreement with regard to the very same property with one Ravichandran and also had received some consideration. Under the suit sale agreement, the deceased was under an obligation






















































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